Amended in Senate July 16, 2015

Amended in Senate June 22, 2015

Amended in Assembly April 21, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1337

Introduced by Assembly Member Linder

February 27, 2015

An act to amend Section 1158 of the Evidence Code, relating to evidence.

LEGISLATIVE COUNSEL’S DIGEST

AB 1337, as amended, Linder. Medical records: electronic delivery.

Existing law requires certain enumerated medical providers and medical employers to make a patient’s records available for inspection and copying by an attorney, or his or her representative, who presents a written authorization therefor, as specified.

This bill would require a medical provider or attorney, as defined, to provide an electronic copy of a medical record that is maintained electronically, upon request. The bill would also require a medical provider to accept a prescribed authorization form once completed and signed by the patient if the medical provider determines that the form is valid.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 1158 of the Evidence Code is amended
to read:

1158.  

(a) For purposes of this section, “medical begin delete provider and
or employer” end delete begin insert provider end insert begin insert ” end insert means physician and surgeon, dentist,
registered nurse, dispensing optician, registered physical therapist,
podiatrist, licensed psychologist, osteopathic physician and
surgeon, chiropractor, clinical laboratory bioanalyst, clinical
laboratory technologist, or pharmacist or pharmacy, duly licensed
as such under the laws of the state, or a licensed hospital.

(b) Before the filing of any action or the appearance of a
defendant in an action, if an attorney at law or his or her
representative presents a written authorization therefor signed by
an adult patient, by the guardian or conservator of his or her person
or estate, or, in the case of a minor, by a parent or guardian of the
minor, or by the personal representative or an heir of a deceased
patient, or a copy thereof, to a medical begin delete provider or employer, end delete
begin insert provider, end insert the medical provider begin delete or employer end delete begin insert shall end insert promptly make
all of the patient’s records under the medical begin delete provider or
employer’s end delete begin insert provider’s end insert custody or control available for inspection
and copying by the attorney at law or his or her representative.

(c) Copying of medical records shall not be performed by a
medical begin delete provider or employer, end delete begin insert provider, end insert or by an agent thereof,
when the requesting attorney has employed a professional
photocopier or anyone identified in Section 22451 of the Business
and Professions Code as his or her representative to obtain or
review the records on his or her behalf. The presentation of the
authorization by the agent on behalf of the attorney shall be
sufficient proof that the agent is the attorney’s representative.

(d) Failure to make the records available during business hours,
within five days after the presentation of the written authorization,
may subject the medical provider begin delete or employer end delete having custody or
control of the records to liability for all reasonable expenses,
including attorney’s fees, incurred in any proceeding to enforce
this section.

(e) (1) All reasonable costs incurred by a medical provider begin delete or
employer end delete in making patient records available pursuant to this
section may be charged against the attorney who requested the
records.

(2) “Reasonable cost,” as used in this section, shall include, but
not be limited to, the following specific costs: ten cents ($0.10)
per page for standard reproduction of documents of a size 81⁄2 by
14 inches or less; twenty cents ($0.20) per page for copying of
documents from microfilm; actual costs for the reproduction of
oversize documents or the reproduction of documents requiring
special processing which are made in response to an authorization;
reasonable clerical costs incurred in locating and making the
records available to be billed at the maximum rate of sixteen dollars
($16) per hour per person, computed on the basis of four dollars
($4) per quarter hour or fraction thereof; actual postage charges;
and actual costs, if any, charged to the witness by a third person
for the retrieval and return of records held by that third person.

(f) If the records are delivered to the attorney or the attorney’s
representative for inspection or photocopying at the record
custodian’s place of business, the only fee for complying with the
authorization shall not exceed fifteen dollars ($15), plus actual
costs, if any, charged to the record custodian by a third person for
retrieval and return of records held offsite by the third person.

(g)  begin delete If a medical record requested pursuant to subdivision (b) is
maintained electronically, a medical provider shall, upon request,
provide an electronic copy of the medical record in the format
requested by the requesting party, or, if that format is unavailable,
in another agreed-upon format. end delete begin insert If the records requested pursuant
to subdivision (b) are maintained electronically and if the
requesting party requests an electronic copy of such information,
the medical provider shall provide the requested medical records
in the electronic form and format requested by the requesting
party, if it is readily producible in such form and format, or, if not,
in a readable form and format as agreed to by the medical provider
and the requesting party. end insert

(h) A medical provider shall accept a signed and completed
authorization form for the disclosure of health information if both
of the following conditions are satisfied:

(1) The medical provider determines that the form is valid.

(2) The form is begin insert printed in a typeface no smaller than 14-point
type and is end insert in substantially the following form:

 

AUTHORIZATION FOR DISCLOSURE OF HEALTH INFORMATION PURSUANT TO EVIDENCE CODE SECTION 1158 The undersigned authorizes the medical provider designated below to disclose specified medical records to a designated recipient. The medical provider shall not condition treatment, payment, enrollment, or eligibility for benefits on the submission of this authorization.

Medical provider: ________________ Patient name: ________________ Medical record number: ________________ Date of birth: ________________ Address: ________________ Telephone number: ________________ Email: ________________ Recipient name: ________________ Recipient address: ________________ Recipient telephone number: ________________ Recipient email: ________________ Health information requested (check all that apply): ___Records dated from ________ to ________. ___Radiology records: ________ images or films ________ reports________digital/CD, if available. ___Laboratory results dated. ___Laboratory results regarding specific test(s) only (specify)________. ___All records. ___Records related to a specific injury, treatment, or other purpose (specify): ________________. Note: records may include information related to mental health, alcohol or drug use, and HIV or AIDS. However, treatment records from mental health and alcohol or drug departments and results of HIV tests will not be disclosed unless specifically requested (check all that apply): ___Mental health records. ___Alcohol or drug records. ___HIV test results. Method of delivery of requested records: ___Mail ___Pick up ___Electronic delivery, recipient email:________________ This authorization is effective for one year from the date of the signature unless a different date is specified here: ________________. This authorization may be revoked upon written request, but any revocation will not apply to information disclosed before receipt of the written request. A copy of this authorization is as valid as the original. The undersigned has the right to receive a copy of this authorization. Notice: Once the requested health information is disclosed, any disclosure of the information by the recipient may no longer be protected under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). Patient signature*: ________________ Date: ________________ Print name: ________________ *If not signed by the patient, please indicate relationship to the patient (check one, if applicable): ___Parent or guardian of minor patient who could not have consented to health care. ___Guardian or conservator of an incompetent patient. ___Beneficiary or personal representative of deceased patient.